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HomeMy WebLinkAboutMinutes P&Z 051193CITY OF PALM BEACH GARDENS • PLANNING AND ZONING COMMISSION MAY 11, 1993 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein at 7:30 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. The roll was called by the Secretary and present were: Chairman Jeffrey Ornstein; Vice Chairman Joseph Hamzy; Members Alan Strassler, Carl Sabatello, Domenick Lioce; and Alternate Member Diane Carlino. Alternate Member Dan Shalloway was not in attendance. ITEMS BY PLANNING AND ZONING DIRECTOR Mr. Richard Walton, Director, was absent from the meeting due to attendance at a national • planning conference. In his absence, Mr. Bristol Ellington, Planner, stated the Landscape Ordinance which was adopted May 6, 1993, by the City Council had been provided to each Planning and Zoning Commissioner for their information. ITEMS BY CITY COUNCIL LIAISON Mr. David Clark, Council Liaison, stated an effort was being made to simplify the "Conflict of Interest Policy" written by City Attorney William Brant. Mr. Clark also stated that the City Council would like to receive copies of resumes of the members of the Planning and Zoning Commission. APPROVAL OF MINUTES OF MEETING OF APRIL 27, 1993 Mr. Carl Sabatello made a motion for the approval of the Minutes of the April 27, 1993, • Planning and Zoning Commission meeting. Ms. Diane Carlino seconded the motion. The Minutes - Planning & Zoning Commission Meeting Page 2 May 11, 1993 motion was approved by a 6 -0 vote. SITE PLAN AND APPEARANCE REVIEW COMMITTEE Recommendation to City Council for Petition SP- 93 -02, by Andrew Brock, owner of the Gardens Towne Square shopping center (formerly Palm Beach Gardens Square), for site plan approval to construct a 572 square -foot truck well and receiving room addition at the northwest corner of the existing Oshman's sporting goods store at the Gardens Towne Square shopping center. Located south of Northlake Boulevard and approximately 300 feet west of Interstate 95. (24- 42S -42E). Mr. Alan Strassler announced he had a conflict of interest as architect for this project and, therefore, did not participate in the discussion or vote. Mr. Bristol S. Ellington, City Planner, reviewed the May 6, 1993, staff report on the above- referenced project. Mr. Andrew Brock stated the plans for the building had been revised in accordance with the Committee's wishes. A brief question and answer session transpired between the petitioner and the Committee concerning the roof tile. Motion Mr. Carl Sabatello made a motion to recommend approval of the petition to City Council with the condition, "If the two relocated oak trees do not survive the move, the trees shall be replaced with like specie and size." The motion was seconded by Ms. Diane Carlin and was approved with a 5 -0 vote, with Mr. Strassler abstaining. is • c: Minutes - Planning & Zoning Commission Meeting Page 3 May 11, 1993 PLANNING AND ZONING COMMISSION Workshop Meeting for Petition PUD- 93 -05, by Jeff Lis, agent for Prosperity Centre Associates, Ltd., to amend the approved development plans for the Prosperity Centre Planned Unit Development. Located south of PGA Boulevard and east of Prosperity Farms Road. (5- 42S -43E) Mr. Ornstein noted this project had originally been approved two years ago under a different petitioner. Mr. Ellington reviewed the May 6, 1993, staff report and the plans for the above - referenced project. Discussion ensued regarding the right- turn -in -only entrance and the median modification which would allow for a left -turn lane. Mr. Ellington stated comments would be provided by the City Engineer regarding this portion of the project prior to the the Public Hearing. Mr. Ornstein stated he would prefer landscaping instead of a 7 -foot wall adjacent to Kidd Lane. Mr. Ornstein asked the residents present at the meeting if they would to have a wall built; and by a show of hands, the majority indicated they preferred the wall. Mr. Ornstein asked for an explanation of the median cut, and Mr. Jeff Lis, 'agent for the petitioner, responded that everything being proposed would make the whole area safer and then gave a detailed description of the anticipated results of the proposed changes. Mr. Lis also explained the project had gone through many changes since it was first proposed in 1988, and the present petitioner had not been involved in the project until January, 1993. He then addressed each item in the staff report and responded to various questions from the Commissioners. Mr. Lioce asked if the "right- turn -in- only" would create the same situation that exists at Minutes - Planning & Zoning Commission Meeting Page 4 is May 11, 1993 Loehmann's Plaza on PGA Boulevard, and Mr. Lis explained a median cut would be created along with the DOT improvements which would eliminate the need for making U -turns and would allow cars exiting the center to make a left turn west on PGA Boulevard. Mr. Ornstein asked Mr. Lis if cars exiting Floral Lane could make a U -turn, to which Mr. Lis responded County Engineering would not object to this. Mr. Lis also explained that the engineering firm of Kimley -Horn had carefully studied this aspect of the application. Mr. Lioce asked why not create the left turn -out with a stacking lane instead of having a U- turn. Discussion ensued concerning the traffic engineering element of the project. Mr. Lis stated Mr. David Getz, the City's Engineer, would ask the City Attorney if the City would be placed in a position of liability by this situation. Mr. Lis stated he believed the • liability would be lessened by the changes being proposed. It was the consensus of the Commission that a written report is needed from City Engineer David Getz on this item. Mr. Lis continued his presentation with remarks concerning the swale areas. A discussion transpired concerning the steep slopes and types of plants in the swales. Mr. Mark Hendrickson stated drainage was not an issue and reviewed his proposed changes to the landscaping plan and recommended that the species planned for the swales be changed to a Cocoplum hedge. Mr. Lioce stated he objected to the swales, as well as blocking the swales with a solid hedge since this would prevent pedestrians from walking laterally across the parking lot. Mr. Ornstein suggested the developer prepare for the next meeting a drawing or • photographs of the project as seen from the entrance. Minutes - Planning & Zoning Commission Meeting Page 5 • May 11, 1993 Responding to a question from Mr. Strassler, Mr. Lis stated the underground drainage system is already completed. Discussion ensued concerning the hedges, and Mr. Lis and Mr. Catalfumo both stated they would be willing to remove the hedges from the swales. Mr. Hamzy stated he is not in favor of a swale or hedge. He further stated the hedge should be deleted and more trees substituted. He also stated swales in large parking lots are quite unsightly due to the movement of the mulch during rain and they tend to collect paper debris. Mr. Lis responded that all paper debris is removed every morning from all their projects countywide and there would be no mulch around the liriope in the swales. Mr. Hamzy stated he has no problem with eliminating the hedges; however, he did have a is problem with the swales and did not consider them to be user - friendly. He suggested the drainage system could be located in the island areas with the drains at the edge of the pavement. Mr. Lis stated the swales cleanse the water which runs off into the Intracoastal Waterway. Mr. Lioce stated he did not like the swales and agreed the hedge was not appropriate in those areas. He preferred grass and trees. Mr. Strassler saw no problem with eliminating the hedges. He stated there is a deeper and wider swale at the Home Depot parking lot which is difficult to walk across. At this point, Mr. Lis stated they would withdraw the issue of the hedges from their application and would proceed according to the landscape plan since the hedges were not • intended to create a drainage issue. Minutes - Planning & Zoning Commission Meeting Page 6 • May 11, 1993 Mr. Strassler stated French drains were a problem and expensive to install and that he liked drainage into swales, but believed this particular one caused problems by preventing people from moving freely within the parking lot. He further believed some type of passageways with culverts to handle the water as well as the foot traffic would probably be feasible. Mr. Sabatello agreed that French drains do not work and believed surface drainage was preferable. Since the swales are there, he hoped the petitioner would return next time to show some kind of passageways or crossovers that might work. He agreed the hedges were not an important issue. He stated crossovers would be an excellent compromise. Mr. Dan Catalfumo stated he believed crossovers might create a liability if a pedestrian happened to fall from the crossover into the swale. He also stated they would prefer to say • this had never been discussed. However, Mr. Ornstein said it was too late for that since they had brought it up. Mr. Ornstein stated he had a problem with the location of such walkways. Further, he stated he did not like French drains since they stop working after a period of time. Mr. Ornstein stated that since the drainage system has been approved by the City Engineer various other agencies, including the South Florida Water Management District, and has already been installed, they should eliminate the hedges and install more shade trees more or other plants. Mr. Sabatello stated a clearer understanding was needed as to whether the plant materials would live under those conditions. Mr. Lis stated he had met earlier in the week with Mark • Hendrickson concerning this; and based on the calculations provided by their engineer Minutes - Planning & Zoning Commission Meeting Page 7 • May 11, 1993 concerning percolation rates within swales, and based on Mr. Jeff Blakely's interaction with their engineer, it was agreed by all concerned there would be no problem with the plants surviving. Mr. Ornstein said this would be discussed further at the next meeting. Concerning the roof material, Mr. Lis displayed samples of the proposed roofing materials and stated they were proposing to use metal barrel tile panels on the rear roof. He stated the metal barrel tile panel had been shown to the neighbors, and they did not have a problem with the material. Mr. Lioce stated he did not like the look of the metal barrel tile panels. Ms. Carlino stated she tended to agree with Mr. Lioce; however, she would not let that stand in the way of approving the project. • It was the consensus of the Commission that terra -cotta s -type roof tiles were preferred instead of the metal barrel tile around the entire roof. Mr. Lis displayed a color of paint to be used on the exterior of the building which would be equal to Benjamin Moore Navajo. Mr. Lis explained the project's "Art in Public Places" would be incorporated into clock tower which was part of the architectural facade of the Center. He stated the tower would display a history of Florida from early times to present day. Mr. Lis continued his presentation by addressing the issue of lighting and explained no lighting would shine into neighboring residential areas. Mr. Hamzy stated he does not favor 33 -foot or 25 -foot standards and believed they should • be even lower. He believed shorter fixtures closer together would achieve the same light Minutes - Planning & Zoning Commission Meeting Page 8 • May 11, 1993 levels. Mr. Hamzy asked that the adjacent building be shown on the graphics for the next meeting. It was the consensus of the Commission to inspect the 33 -foot lighting standards at Toys R' Us. Regarding the 7 -foot wall at the northeast corner of the site, adjacent to Kidd Lane, it was the consensus of the Commission that the site plan be revised to show the wall at this location. The Commission recommended that a hedge be placed on the east side of the southern tip /park area, but not on the north side. Mr. Mike Roberts, a resident on Kidd Lane, spoke to the Commission concerning the traffic flow into his neighborhood. He stated he would like to propose that a gate be installed to • prevent vehicles from passing through their neighborhood. Mr. Ornstein pointed out to Mr. Roberts that his neighborhood was located in the County and not within Palm Beach Gardens. The Commission suggested he contact Palm Beach County for a Safe Neighborhood application or apply for annexation into the City of Palm Beach Gardens. Mr. Paul Bowls, a resident, stated he would like to have the wall at the southeast corner of the site moved back to a 45 degree angle. Mr. Ornstein stated that particular piece of land is within the County. Workshop Meeting for Petition CU- 93 -03, by Seth Gadinsky, agent for P.B.G.S., LTD., representing the Discovery Zone, for a conditional use in the CG -1, General Commercial zoning district to allow skill game -type machines at the Discovery Zone, located in the Gardens Towne Square shopping center. Located south of Northlake Boulevard and approximately 300 feet west of Interstate 95. (24- 42S -42E). • Mr. Nick Lioce left the meeting prior to the Commission hearing the M/I Homes and • Minutes - Planning & Zoning Commission Meeting Page 9 May 11, 1993 Discovery Zone petitions due to a conflict with these projects. Mr. Alan Strassler stated he had a conflict of interest with the Discovery Zone petition and, therefore, did not participate in the discussion. Mr. Bristol Ellington reviewed the staff report of May 6, 1993, for this project. Mr. Seth Gadinsky explained Discovery Zone is designed for children under 12 years of age and is a maze of play equipment. He described the operation and layout of the facility, and the Commission reviewed a photographic brochure describing such facilities in other cities. Mr. Gadinsky stated there are very few safety problems, and there is a janitorial service which cleans the equipment. Mr. Ornstein stated this item should go to public hearing and be placed near the beginning of the agenda. Workshop Meeting for Petition Z- 92 -04, by Scott Bennewitz, agent for M/I Homes, Contract Purchaser, to rezone a 56 -acre site from the Palm Beach County zoning designation of AR, Agricultural Residential to the City's designation of PUD, Planned Unit Development and site plan approval for the construction of 200 single - family detached and zero lot -line residential homes. This site is located a quarter of a mile north of PGA Boulevard on the east side of Central Boulevard (2- 42S -42E). (PRELIMINARY MASTER PLAN) Mr. Nick Lioce, citing a conflict of interest, left the meeting prior to this petition being heard. Mr. Bristol Ellington reviewed the staff report dated May 6, 1993. Mr. Sabatello asked for clarification of the rear setback line along Shady Lakes. Mr. Marty Perry, representing M/I Homes, gave an explanation of the changes made in the project based on comments made by Planning and Zoning Commission at its March 9, 1993 meeting. Minutes - Planning & Zoning Commission Meeting Page 10 • May 11, 1993 Mr. Ornstein stated he believed the rear setbacks should be 20 feet from the normal property line other than Shady Lakes, which would be 25 feet. Mr. Ornstein asked if the "green areas" between lots 6 and 7, and 86 and 85, were for trees as well as gopher tortoise movements. Mr. Perry responded it was a combination of both and was an effort to connect the open space areas. Mr. Perry also stated the gopher tortoises would move through lots with homes on them as well as through open lots. Mr. Hamzy pointed out that the upland preserve, gopher tortoise relocation areas were fenced and could, therefore, not be connection points. Mr. Perry responded they were open areas and no trees would be removed from those areas. A discussion ensued as to whether or not those areas were shown as being fenced on the plans, and it was pointed out that a notation on the plans did, in fact, state the areas were fenced. Mr. Hamzy stated the addition of the green space that borders the school site and Shady Lakes did not contribute to solving the problems of the circulation of the animals back and forth. He stated the animals were trapped in those areas, and therefore, nothing was accomplished. He further stated if the preserve area was fenced and if the area against the green belt was fenced, the addition of two vacant lots accomplished nothing since the original configuration of the site plan was still there. Mr. Perry stated that according to State guidelines the tortoises should not be relocated from their habitat and that an environment should be created where they could move around, and the petitioner was prepared to comply with these guidelines. Mr. Sabatello stated it was better to create the best conditions up front and to relocate the Minutes - Planning & Zoning Commission Meeting Page 11 • May 11, 1993 existing tortoises to a better, healthier condition where they would multiply properly. Consultants for the petitioner stated the tortoises could migrate and would find the open spaces. Further discussion ensued concerning the feasibility of moving the habitat of the gopher tortoises. Mr. Ornstein stated he believed the project was being redesigned for some tortoises which were not breeding, so why not relocate them to a larger tortoise community. The consultant said it was preferable to accommodate them on site. Mr. Ornstein asked if it were possible to relocate the pool and tennis courts to the south on the other side of the road, and Mr. Perry said it was a possibility and could be considered. Mr. Ornstein commented the property is zoned for multi - family, and the density is well • within the limits; and, therefore, something would be built on the site. He noted, however, that the only open area changes made to the plans seemed to be in the areas of Lots 31 & 32, Lots 6 & 7, and Lots 17 & 18. The consultant responded that a little over two acres had been gained in open space. Mr. Ornstein suggested moving the line of units from Lots 70 -57 and Lots 85 -71 (in the "S" curve) all the way to the north against units 78 -86, and then move the lake against the upland preserve area, fill in the units which had been taken out between Lots 17 & 18 and 49 & 50, and eliminate everything from Lots 1 -6 and 86 -90. He stated this would open everything up into a nice lake and preserve area. He suggested eliminating a few more units and perhaps a road which would save more trees in the area. Mr. Ornstein also stated there was not much difference in the original and revised plans except • that some green areas had been opened up, and he believed the plan could still be Minutes - Planning & Zoning Commission Meeting Page 12 • May 11, 1993 improved. Mr. Perry responded this sounded terrific in principle but was a horrible site plan in terms of housing units, that everything was bunched together. Discussion ensued concerning the advantages and disadvantages of this suggestion. Mr. Strassler stated it seemed bizarre to him that the suggestions were aimed at creating a large open space for tortoises which would migrate through the property. He stated a vast amount of land is required to support a breeding population of gopher tortoises. He stated he believed the Commissioners were "going about this backwards ", and thought they should look at the good points. Mr. Perry stated there were 6 -8 mature tortoises and what had been proposed would protect them, and they were not over - impacting the site. Mr. Ornstein stated his comments were based on the idea of trying to get the tortoises to live in the backyards rather than in the recreation area. Mr. Perry stated, as did the consultant, that the tortoises would do that anyway. Mr. Ornstein stated he hated to see them go through all the effort; and in a few years, in spite of it all, the tortoises would all be dead. Mr. Strassler stated he believed the lake was "buried" so the rest of the community could not enjoy it. He believed the lake should open up to some degree to the road so everyone could see it. He suggested taking out one or two lots, such as number 42, in the corner to obtain more open space between the Timber Trace Elementary School and the property. • He also wanted to see the pool and tennis courts moved to the south side of the road and Minutes - Planning & Zoning Commission Meeting Page 13 • May 11, 1993 to dispense with a few lots in the process. Mr. Sabatello stated he did not understand how the Parkway relates to the project and how it is maintained, and Mr. Ornstein said this would be addressed later. Mr. Ornstein brought up the matter of closing off the access road to the school property, and Mr. Perry stated the School Board was no longer insisting on closing the access road. Mr. Ornstein stated if the access were closed off, there would still be pedestrian access with a sidewalk. Mr. Perry stated they would attempt to comply with whatever the City Council decides. Mr. Ornstein stated liked what was done originally and had thought it would be good to close it off, but was not undecided. He also stated safety would be the only issue • of closing off the access and suggested the installation of speed bumps. Ms. Sharon Curry, 1023 Shady Lakes Circle, suggested the gopher tortoises would live a lot longer if the development were not built at all. She also stated they had hired their own environmental specialist to "bear this out" and would bring that up at the next meeting. She stated M/I Homes had not met their moral obligation to the City of Palm Beach Gardens, and the development is still not an aesthetically - pleasing development. She stated they also wished to go on record as rejecting the proposed easements and believed a much wider, natural wooded buffer was necessary. Mr. Ornstein responded something would be built on the property. He stated the discussions so far had not dealt with architecture, landscaping, or the other items which would be addressed later. PGA Boulevard Planning and Design Guidelines Mr. Ornstein postponed this item until the next meeting due to the late hour. • • Minutes - Planning & Zoning Commission Meeting Page 14 May 11, 1993 Other Business: Mr. Ornstein stated the Mayor and Council are interested in hearing from the Planning and Zoning Commissioners in ways to improve reporting to the City Council. Mr. Ornstein said he would pass those suggestions on to the City Council. Mr. Ornstein stated certain petitions such as Discovery Zone could be advertised for the public hearing prior to going to the workshop; and if there is a problem, the public hearing could be postponed. He asked the Commission for permission to make "judgment calls" on small, simple projects and to set public hearings or not. Motion: Mr. Hamzy made a motion, seconded by Mr. Sabatello, to allow the Chairman to make the decision on whether to advertise simple projects for public hearing prior to going to workshops. The motion was unanimously approved with a 5 -0 vote. • Minutes - Planning & Zoning Commission Meeting Page 15 May 11, 1993 ADJOURNMENT Mr. Ornstein stated it was appropriate that the Planning and Zoning Commission meeting end at 11:30 p.m., since the City Council had adopted an ordinance ending their meetings at that hour. There being no further business, the meeting was adjourned at 11:30 p.m. The next meeting will be held May 25, 1993. F1 Alan Strassler Diane Carlino kie Holloman, Secretary Domenick Lioce 0 Car Sabatello i FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL ANiD OTHER LOCAL PUBLIC OFFICERS L kST NA E -FIRST NAME - MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTE r /11 , 102 r AILING ADDRESS CITl � DA7 E ON WHIG H VOI! O('CURRE1) offer IHE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ` C'I I Y COUNTY (7i HER LOC'At AGENCY C' ut1N (1 NAML OI 1'01. ITICAt. SUBUIYISION: MY PUSI I [ON IS: ELEC`%IVE AP.POINTIVi WHO MUST FILE FORM 88 This form is for use by any }person serving at the county., city, o.r other local level of government on an appointed or elected board council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presente, with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; althoug . the use of this. particular form is not required by law, you are encouraged to use it in making the disclosure required bylaw Your responsibilities under the Jaw when faced with a measure in which you have a conflict of interest will vary greatly dependin on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this forr before completing the reverse side and Oiling the form. INSTRUCTIONS FOR COMPLIANCE WITH. SECTION 112.3143, FLORIDA STATUTES • ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the speciz gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure o which you are abstaining from voting; and WITHIN 15 DAYS AFTER. THE VOTE OCCURS by completing andrfiling this form with the person responsible for recordin the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whit inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict. of interest, but mu! disclose the nature of the conflict before.making any attempt to influence the decision by oral or written communication, whethe made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHJCI THE VOTE WILL BE TAKEN: • • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fc recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interes ► OR"I 911 III-sh r IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15, days after the. vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. • • DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special .gain of (b) The measure before my agency 7and the nature of .my interest in the measure is as follows: Ap Ofi4vm- Ls.F � i. r-L Pt*- — ✓ -- — Date Filed Signature 19: , by whom I am retained. •NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREC DISCLOSURE CONSTITUTES GR. OUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5;000. E FORM BB • io -m PA' F FORM 8B E ND � 0RAUM OF VOTING ONFLtCT COUNTY, MUNICI AL, AND OTHER LOCAL PUBLIC OFFICERS 1 -AST NAME —FIRS NAML'— MIDDI. k NAME- AA C<_ ILINO ADDRESS i'Irl - -- - ('0t T% { DATE ON WHICH V(11t (X'CURRED NAME 01 BOARD. COUNCIL, COMMI ,§SION, AUTHORITY, OR COMMITTEE IHE BOARD COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON W.HIC -I I)E V IS A UNIT OF: 01Y ('0UNTY OTHER LOCAL AGENCY NAML OI l ITIc'A1. SUBUIV(SION: MY PUSI I'ION IS: ELECIIVE APPOINT WHO MUST FILE FORM 88 This form is for use by any person sevsIng at the county, city, or other local level of government on an appointed or elected board council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presentee with ;a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; althougt the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dependinj on whether you hold an elective or appointive position. For this: reason, please. pay close attention to the instructions on this forn before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES • ELECTED OFFICERS: A person holding, elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure oI which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whic inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th special gain of a principal (other than a government agency) by whom he is.retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mu! disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whetht made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WH1C1 THE VOTE WILL BE TAKEN: • • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fc recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interes I hI(�1 xl! In.xt, P� IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION. EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in. the minutes. • DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, m 16n.)''.gr &I Cc 121 Z7 ''! , hereby disclose that on (a) A measure came or will come before my agency which (check one) _ inured to my special private gain-, or 4 inured to the special gain of _(s," 0 _tl?l °2� " (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED • DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. E FORM 8B - 10.86 Pic